[Introduced February 2, 2011; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary.]

____________

A BILL to amend and reenact §19-23-8 of the Code of West Virginia,
1931, as amended, relating to changing the renewal of Racing
Commission-issued occupational permits from December 31 of
each year to a schedule determined according to the
applicant’s date of birth.

Be it enacted by the Legislature of West Virginia:

That §19-23-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 19. HORSE AND DOG RACING.

§19-23-8. Consideration of application for license or permit;
issuance or denial; contents of license or permit;
grounds for denial of application; determination of
racing dates; license or permit not transferable or
assignable; limitation on license; validity of
permit.

(a) The Racing Commission shall promptly consider any
application for a license or permit, as the case may be. Based upon
such application and all other information before it, the Racing
Commission shall make and enter an order either approving or
denying the application. The application may be denied for any
reason specified in subsection (b) of this section. If an
application for a license is approved, the Racing Commission shall
issue a license to conduct a horse or dog race meeting and shall
designate on the face of the license the kind or type of horse or
dog racing for which the same is issued, the racing association to
which the same is issued, the dates upon which the horse or dog
race meeting is to be held or conducted (which may be any weekdays,
or week-nights, including Sundays), the location of the horse or
dog racetrack, place or enclosure where the horse or dog race
meeting is to be held or conducted and other information as the
Racing Commission shall consider proper. If an application for a
permit is approved, the Racing Commission shall issue a permit and
shall designate on the face of the permit such information as the
Racing Commission shall considerconsiders proper.

(b) The Racing Commission may deny the application and refuse
to issue the license or permit, as the case may be, which denial
and refusal shall beis final and conclusive unless a hearing is
demanded in accordance with the provisions of section sixteen of
this article, if the Racing Commission finds that the applicant
individually, if an individual, or the partners or members, if a
partnership, firm or association, or the owners and directors, if
a corporation:

(1) Has knowingly made false statement of a material fact in
the application or has knowingly failed to disclose any information
called for in the application;

(2) Is or has been guilty of any corrupt or fraudulent act,
practice or conduct in connection with anya horse or dog race
meeting in this or any other state;

(3) Has been convicted, within ten years prior to the date of
the application, of an offense which under the law of this state,
of any other state or of the United States of America, shall
constitute a felony or a crime involving moral turpitude;

(4) Has failed to comply with the provisions of this article
or any reasonable rules of the Racing Commission;

(5) Has had a license to hold or conduct a horse or dog race
meeting or a permit to participate therein denied for just cause,
suspended or revoked in any other state;

(6) Has defaulted in the payment of any obligation or debt due
to this state under the provisions of this article;

(7) Is, if a corporation, neither incorporated under the laws
of this state nor qualified to do business within this state;

(8) In the case of an application for a license, has failed to
furnish bond or other adequate security, if the same is required by
the Racing Commission under the provisions of section seven of this
article;

(9) In the case of an application for a permit, is unqualified
to perform the duties required for the permit sought; or

(10) In the case of an application for a permit, is, for just
cause, determined to be undesirable to perform the duties required
of the applicant.

(c) In issuing licenses and fixing dates for horse or dog
race meetings at the various horse racetracks and dog racetracks in
this state, the Racing Commission shall consider the horse racing
circuits and dog racing circuits with which the horse racetracks
and dog racetracks in this state are associated or contiguous to
and shall also consider dates which are calculated to increase the
tax revenues accruing from horse racing and dog racing.

(d) A license issued under the provisions of this article is
neither transferable nor assignable to any other racing association
and may not permit the holding or conducting of a horse or dog race
meeting at any horse or dog racetrack, place or enclosure not
specified thereon. However, if the specified horse or dog
racetrack, place or enclosure becomes unsuitable for the horse or
dog race meeting because of flood, fire or other catastrophe, or
cannot be used for any reason, the Racing Commission may, upon
application, authorize the horse or dog race meeting, or any
remaining portion thereof, to be conducted at any other racetrack,
place or enclosure available for that purpose, provided that the
owner of the racetrack, place or enclosure willingly consents to
the use. thereof.

(e) No type of horse racing or dog racing shall be conducted
by a licensee at any race meeting other than that type for which a
license was issued.

(f) Each permit issued under the provisions of this section
shall be for the period ending the thirty-first day of December of
the year for which it was issueda period of one year, unless
approved otherwise by the Commission. Effective January 1, 2012,
each permit shall be renewed according to the following schedule:
Permits issued to persons whose date of birth is January 1 through
and including April 30 shall be renewed no later than April 30 of
each year; permits issued to persons whose date of birth is May 1
through and including August 31 shall be renewed no later than
August 31 of each year; and permits issued to persons whose date of
birth is September 1 through and including December 31 shall be
renewed no later than December 31 of each year.andEach permit
shall be valid at all horse or dog race meetings during the period
for which it was issued unless it be sooner suspended or revoked in
accordance with the provisions of this article. A permit issued
under the provisions of this article is neither transferable nor
assignable to any other person.

(g) The Racing Commission shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code which establish the criteria for
the approval or denial of a license or permit.

NOTE: The purpose of this bill is to stagger the renewal
dates of permits issued by the Racing Commission so that these
expire on the birth date of the permittee.

Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.